Telegram-herald., 1887-08-24
RELEASED FROM JAIL
MAS. AAcsso lllEeAl1s nsln.
Jszf<s Hoafzoza~ky Deslass fh&k >1s
Csaaot Essefs Uithoa< aer Husa@ads
Cczss.s saa 0Easas Hes Diseh4rs4
-Tas 44eara kxkasi4&kAs.-

The examination q Charles and Wilizn
Aae4ra. en&Egs1 ~ifh tie naerder Of Aleh4z.
J hsIs, szs coalnasd esiszs J4sEzes West
a. yesterday morning. Joseph Ac0raia.
tae oDly maa prssen- a. tns shooting. sx-
cspt tie Aze4rds themselves. szs ssoFa and
1s.sihsa
Il reside u this e0aatY. sm acquainted
sitn TIE respondsals ~ t1s case. kue
n llAaei ~ nafs IL bis hfe tE ne ies. -
his1 On sunday tae In. lad been 10~n t0
ulY sisters ca l1at CAV 8ss returning Aozae
Nnen saH Ain if sas about ! eiocxs 1@1
4Dolg slx o. ei<at rods isom y hAfa. sas
Charles 44esz1 near the house be w4s cQ,1-
ing from TIE house w.th gun "a bis Fgat
hand. oas gong vest toward TIE ro4i,
vas on borsebaek - hsra was ia the nssds
Asc4rd says. Hello. where didy0 get that
nsrse" AaczFd HAz Standing nsar TIE
Foau. I next heard % Hsra say, Damn yea.
I y snOot goa. 1 ii stop you from stealing
any more OF nv potatoes Charles Azc4rd
sad. ~ DO are yoa going % shoot AseaFd
had hls gun Ia as right aana. - hasa sas
IA tae potato patch. nc bad a gun IA hls
right hand Mseagd Stepped behind
tne horss the talking Atd scpped,
and vas looking 10 sss NneTe
Wal Nacard ras. be vas Oh The porch.
Charles Aacsrd said, ~ haTa, stznc right
Uaere you are OHzrs Vas stll. 10 The
patch but coming toward The road. | was
looking a. Will Mzcard when ! heard the
gan 60 on. O'hars, when / next saw him,
Vas lost getting through the fence, be was
stopped down, ! didn't notice exactly what
% HAras position VAS whea the gun went
OF because sny horse lad started forward.
when did % Hara was leaning forward as
If leaning on something, Charles Maeard
was standing near ny horse when he fired;
when / saw O. Hara in leaning position
Charles Mseard was walking toward the
house 4nd ne said. Joe, couldn't help II,
did u ia self defense. 1 did not wait 10
see the result OF the shot; | rode Tor home
II anything vas said oy Charles about my
standing between him and . Harz, aid
not hear IL, Macsrd didn't say anything
wnen . Hsra said he would shoot nntil be
asked shoot who; Macard was standing
near the head OF the horse when be spoke
10 % HArs, he walked south toward the
house eight or ten feet when he ired;
O'Hars was coming toward the road VIII en-
Aacsrd said 10 him, come no further; |
had 10 talk with VIII Macard al the time;
l saw some one sitting inside the house,
don't know who IL Was; I was looking
10 ward the house At VIII Mscard when the
shot was fired, l did not say anything 10
=
= short time when Macard said go no fur
ther' that saw o Hara coming toward the
road. / think Il was the third bar that
U Hara came through
The examination was then adjourned
until O'Clock Friday afternoon.
The Sheriff made his return on the writ
Of hsbeas corpus and the petition of Mrs.
Nellie MscArd, who was incarcersted ia the
Jail for refusing to testify against her hus-
band, claiming that she was illegally i'm
prisoned, and the case was argued before
Judge Montgomery at IL o'clocx. Attorney
Fairfield entered a demurrer, and at once
took up the arguments relative to the
sdmissability of the wife's evidence as
against her husband III criminal action,
thereby sustaining the action of Mrs.
Macard in her refusal to give any testimony
IN the case, which action caused her COM
mitment for contempt.
Assistant Prosecuting Attorney Carroll
ably answered the arguments Of Mr.
Fairfield and Judge Montgomery ordered
= recess until O'Clock when he delivered
an extended and able opinion upon the
questions involved in the writ of habeas
corpus. He traced the question of sdmis-
stability Of the wife's testimony as against
her husband from the earliest statutory en-
actnsnt upon the question, 10 the lStest
action OF the Legislature. reviewed the vari-
Gus court decisions upon similar cases, and
held that all statutes rather than doing
away with or amending the common law
upon the point rather affirmed it. The
common law practice is that wife cannot
give testimony against her husband with
out bis consent in actions that do not in
volvs their Joint possessions. Judge
Montgomery held in the case that Mrs
Macard could not testify as regards William
Nacard without testifying against her hus-
band, his co-defeDdaut He. therefore,
ordered Mrs. Macsrd to be discharged from
the custody OF the sheriff.